When was the last time the militia was called out?

S

sbryce

New member
One of the reasons that US citizens have the right to keep and bear arms is that many of us, by federal law, belong to the militia. When we bring this subject up in debates about the 2nd amendment, it would be good to know the facts better than our opponents. One thing I'm not sure of: When was the last time that the militia (non-military citizens organised for the purpose of repelling invasions) has been called into active service?

I would rather beat my opponent to the punch by explaining that, even though they have not been called into service for a while, the laws are still in place, than have my opponent spout off with, "The militia!?!!?! Why, they haven' been called out in almost 200 years!"

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Those who carried materials did their work with one hand and held a weapon in the other, and each of the builders wore his sword at his side as he worked.
Nehemiah 4:17,18
 
Now this is a real foggy memory (I was out of country those years), but didn't President Carter mention the militia when he got the Selective Service bill passed?

I think that's what it is. The law where every male has to register within so many days of his 18th birthday?

I could be wrong, but the militia angle strikes a bell somethere in the deep, dark recesses of my memory.

LawDog
 
I think that this would be a mis-use of the term "militia" since active duty military personnel are exempt from the militia by federal law. Selective service had nothing to do with the militia.

Anyway, I don't remember much about it. At the time I was a 17-year-old bleeding heart twerp who was hoping he wouldn't have to register. Somehow the selective service law missed guys my age.
 
The one I'm thinking of is where you go down to the Post Office and fill out a form, "Within six months of your 18th birthday."

Is that Selective Service?

LawDog
 
Yep, Lawdog, that's selective service.

I'm quite sure that the Spanish-American War involved militia units, like the Rough Riders. Did WWI involve any?
 
The Battle of Athens

2 AUGUST 1946

I. Introduction

On 2 August 1946, some Americans, brutalized by their county government, used armed force to overturn it. These Americans wanted honest, open elections. For years they had asked for state
or Federal election monitors to prevent vote fraud -- forged ballots, secret ballot counts, and intimidation by armed sheriff's deputies -- by the local political boss. They got no help.

These Americans' absolute refusal to knuckle-under had been hardened by service in World War II. Having fought to free other countries from murderous regimes, they rejected vicious abuse
by their county government. These Americans had a choice. Their state's Constitution - Article 1, Section 26 - recorded their right to keep and bear arms for the common defense. Few "gun
control" laws had been enacted.
http://www.constitution.org/mil/tn/batathen.htm
 
The militia can call itself out too, when the need is there and the leadership isn't. Hurricane Andrew (?) just a couple years ago left protective forces (police and military) stretched way too thin to be useful, so people just got out their guns and protected homes, stores & streets. Ditto for the LA Riots, when police totally withdrew and it was up to citizens to get out the guns and protect stores and lives.
 
Oh, I like it! So the Militia isn't just some museum piece from colonial days. It is alive and well, even if the feds are trying to disarm it.
 
Crime TV? Court TV? Anyhoo, the cable channel dedicated to court cases had a special report on the US Customs service.

The last part of the special involved the problem of illegal immigration. Apparently, several ranchers whose property is on the Arizona/Mexico border routinely get together, get out the AR15's and patrol the border.

While the cameras were on them, they found a group of 20-30 illegal aliens, detained them and called the Border Patrol on a cell phone. Very polite, very efficient.

Offhand, I would say that they are a small part of the militia.

But, that's just me.

LawDog
 
Not only is there a federal militia (US Code Title 10 Chapter 13 Section 311), but many states also include a militia in their state statutes. Wyoming's statute is an almost verbatim copy of the US Code. All you gents and gals who have been indicating your prior service in the Army-Marine-Air Force topics are members of the militia until age 65, if you were honorably discharged. I'm proud to join you in that group.
 
Sbryce,

I guess we are the same age. I remember well the cancellation of the draft while I was still in High School, right after Viet Nam ended. The current Selective Service roster was started a few years later and I, again, did not have to register because I was now too old.

I don't mean to imply that I was unwilling to serve. As a matter of fact I was a USAF academy selectee but was rejected on a physical technicality. This was right after 'Nam and the military was downsizing, so they wanted perfecct people. My eyesight was not perfect so I was rejected. I was told that my eyesight was too bad to even enlist (20/350 at the time)

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Remember, just because you are not paranoid doesn't mean they are not out to get you!
 
Hey Sodbuster,

Now that you mention it. I seem to remember (mostly forgotten) something akin to the 65 yrs age thing concerning militia. Just not too sure where/what/when I heard, or read this. But in any case, I figure I'm associated to some group, just don't know who as yet. How 'bout the TFL militia??

My stint in the USAF started in very early 74 to late summer 77. The AF was downsizing, as mentioned. And since I already wanted out, I was granted an early out. Had fun you know, but don't miss it either.

Best Regards,
Don

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The most foolish mistake we could make would be to allow the subjected people to carry arms; history shows that all conquerers who have allowed their subjected people to carry arms have prepared their own fall.
Adolf Hitler
 
In 1992 in Homestead Florida when the hurricane hit EVERY able bodied man and many women took up arms to protect themselves and others for days and in some cases weeks until law enforcement was resorted and they were very effective in blocking looting and civil disorder.
armedwarning2.jpg
 
The militia could not legally be forced to serve outside the borders of the United Ststes. This first came up in the Mexican War in 1846. The answer was for the president to call on the goverenors of the states to supply regiments of volunteers who were usually militia men who voluntered to serve outside the US. That's why the state regiments who fought in Mexico were designsted as volunteers as in the 'First Missouri Volunteers not the First Missouri Militia.
The situation was the same in the Spanish American War. The Rough Riders were offically "Volunteer cavalry" not militia cavalry.
 
In reference to those ranchers who stopped those illegal aliens. Both local and ferderal law enforcment are trying to nail them for violating the illegals "civil rights".
Apparently an American citizen protecting his own property has no civil rights.
Not sure how this one is going to come out. GRRRRR!
Paul B.
 
As an example, in Georgia ...

*** CODE SECTION *** 10/15/99

38-2-3G.

(a) The militia of the state shall be divided into the <UL TYPE=SQUARE><LI>organized militia, <LI>the state reserve list, <LI>the state retired list, and <LI>the unorganized militia.</UL>
(b) The organized militia shall be composed of:

(1) An Army National Guard and an Air National Guard which forces, together with an inactive National Guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia National Guard;

(2) The Georgia Naval Militia whenever such a state force shall be duly organized; and

(3) The State Defense Force whenever such a state force shall be duly organized.

(c) The state reserve list and the state retired list (edited) ....

(d) Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are, or who have declared the intention to become, citizens of the United States.

***END OF CODE ***

Now here's something interesting.

*** CODE SECTION *** 10/15/99

38-2-70G.

To the extent permitted by the constitution and laws of the United States, the Governor may:

(1) Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest;

(2) (edited) ...

(3) (edited) ...

*** END OF CODE ***

Emphasis on To the extent permitted by the constitution and laws of the United States, ...

I think if you read your state's code you will find many such unexpected provisions that are a result of the Recent Unpleasantness here in the South. As in, "We'll just make sure that never happens again!" Just my take.

The militia is different in each state, but similar in all because of the guidelines and restrictions in US Code Title 10, et al.

I guess my point is that we overgeneralize and believe what we hope is true. Gotta do the footwork first. I don't mean to pass myself off as a Constitutional expert and I'm darned sure no lawyer, but the law and "The Code" is not the restrictive domain of lawyers.

Sensop

[This message has been edited by sensop (edited March 13, 2000).]
 
Here's some more GOTCHA ...

*** CODE SECTION *** 10/15/99

38-2-277 G

(a) No body of men other than the organized militia, components of the armed forces of the United States, and bodies of the police and state constabulary and such other organizations as may be formed under this chapter shall associate themselves together as a military unit or parade or demonstrate in public with firearms.

(b) Associations wholly comprised of military personnel honorably discharged from the service of the United States and benevolent and secret organizations may parade in public with swords (edited)...

(c) No political subdivision of this state shall raise or appropriate any money toward arming, equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any such unauthorized organizations. (comment: no political subdivisions ... that's good)

(d) Any person who actively participates in an unauthorized military organization or who parades with any unauthorized body of men as set forth in subsection (a) of this Code section shall be guilty of a misdemeanor.

*** END OF CODE ***

Ever wonder how the various states and feds just go in and arrest a group of guys "training" in the woods? (okay, I know most of them are NUTS) But, now do you understand why it's usually done in secret?

If a bunch of members in my gun club met in cammies or old uniforms (stretched at the buttons, I'm sure) at the range to commemorate Veteran's Day and held a private ceremony, this statute could be used to prevent them from "associating themselves together as a military unit". And a misdemeanor could follow. We don't. I wouldn't. But if it could happen, it would.
 
The last time the militia was called into service was during WWII. Can't remember the site rep but it was reported on TFL here about 6 months to a year ago. Maybe someone could look up the link for ya.



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
Another possible though older militia action would be ..I forget the town name..people took arms ..actually a whole town..against a carnegie steel plant in penna the town name began with an H i think..carnegie hired pinkertons to break a strike..they came by barge , there was a gun battle...pinkertons lost...the town made the pinkertons run a gauntlet.where they were beaten pretty severly...there was loss of life on both sides..i dont know as it qualifies as a militia action...but a town rose to arms.
 
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